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STATE v. LEE

90-0778-C-1; CA A66017.

821 P.2d 1100 (1991)

110 Or.App. 42

STATE of Oregon, Respondent, v. Kenneth Raymond LEE, Appellant.

Court of Appeals of Oregon.

Decided November 27, 1991.

Attorney(s) appearing for the Case

Stephen J. Williams, Deputy Public Defender, Salem, argued the cause for appellant. With him on the brief was Sally L. Avera, Public Defender, Salem.

Michael M. Pacheco, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Dave Frohnmayer, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

Before RICHARDSON, P.J., JOSEPH, C.J., and DEITS, J.

PER CURIAM.

Defendant pled guilty to a charge of arson. ORS 164.325. On appeal, he challenges his sentence, which was based on the classification of his federal conviction for a California bank robbery as a "person felony" for purposes of the criminal history scale. OAR 253-04-006. We remand for resentencing.

In 1986, defendant was convicted of violating 18 U.S.C. § 2113(a).1 The sentencing court ruled that, under current...

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